A father of two says he should be at home caring for his children, who lost their mother, not behind bars where he is serving time for his role in a road rage incident that resulted in the death of one man.

Benjamin Sweeney, 32, has appealed his prison sentence of two years and two months for his part in a violent attack that led to Anthony Bell’s death in October 2021.

His bid for home detention comes after he was sentenced in the High Court at Hamilton in May. His cousin Frank Sweeney, who dealt the fatal blow to the unarmed father of six, was sentenced to four years on one charge of manslaughter at the same time.

Bell’s death followed an attack outside of a petrol station in Ōtorohanga where a road rage incident between the Sweeney cousins, and Bell and his brothers, came to a violent crescendo.

Sweeney and Frank came across the Te Kūiti man and his brothers while driving south from Te Awamatu to Ōtorohanga in the early evening.

What exactly happened when the two vehicles crossed paths was a matter of contention at the cousins’ trial, but Justice Mathew Downs said he had no doubt the Sweeneys were the aggressors, tailgating Bell’s car.

He also said he had no doubt that those in Bell’s vehicle returned the aggression and by the time they arrived in Ōtorohanga “everyone wanted to fight”.

During the altercation, Sweeney punched Bell twice in the head, knocking him to the ground where he then punched and kicked him in the head again. He stomped on Bell’s head as he tried to get up.

Violence continued, including Sweeney striking Bell’s brother in the back with a hammer, but his cousin Frank would deliver the blow that killed Bell, a 153kg man.

Anthony Takrouna Bell, of Te Kuiti (right), was killed in the attack. He is survived by his whānau, including six children. Photo / Supplied

Sweeney was given two years and two months behind bars by Justice Matthew Downs on charges of assault with a weapon and assault with intent to injure. Justice Downs declined his bid for home detention at the time citing his continued propensity for violence.

Sweeney is now appealing his sentence, with lawyer Nick Chisnall arguing discounts for the impact incarceration would have on his client’s children wasn’t properly accounted for.

Chisnall told the Court of Appeal in Wellington this week Sweeney was the sole guardian and primary caregiver of his two children after his partner died in a crash. His son was a passenger when it happened.

He argued his client should have received a sentence of home detention, which would be in the best interests of the children as he could continue to care for them at home.

The children were being cared for by their grandparents, Chisnall said, however, there would be continued whānau support if he was to return and finish his sentence on home detention.

Chisnall also said Sweeney wasn’t given discounts for remorse, which his client had shown despite defending the charges and taking his case to trial.

Crown prosecutor Matthew Davie asked for the decision of Justice Downs to be upheld by the Court of Appeal and said the terms in which the appeal was presented didn’t seem appropriate.

Davie mentioned Sweeney’s issues with anger management and domestic violence and argued home detention would be inappropriate given his history of offending, including the attack on Bell.

A large portion of Bell’s whānau attended the hearing in Wellington, taking up the back row of a public gallery that is often empty.

The decision of the court was reserved and will be released at a later date.

Hazel Osborne is an Open Justice reporter for NZME and is based in Te Whanganui-a-Tara, Wellington. She joined the Open Justice team at the beginning of 2022, previously working in Whakatāne as a court and crime reporter in the Eastern Bay of Plenty.